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He that confesses the Action shall not have a Writ of error against his own confession,* 1.1 Nat. br. 21. K. 34 Hen. 6.41. For he hath lost all that advantage by his confession.
Conusor of a Statute shall have a Writ of error if execution be not well sued out against him,* 1.2 18 Edw. 3.25. for to overthrow the exe∣cution.
And although he were outlawed (if he be pardoned) for then he is enabled again to sue. 29 Assize 47. Nat. br. 22. B.
A Corporation shall have a Writ of Error jointly for a judgment given against them,* 1.3 but no single person of them, 21 Edw. 4.58. Townesend. For they are all but one body, and cannot sever, nor be severed in pleading, or in being impleaded.
He that disclaims shall not have it,* 1.4 Nat. br. 22. C. Coke. 8. part 6. B, & 62. A. viz. the thing sued for, whereupon judgment is gi∣ven.
But if one plead Non-Tenure, and it be found against him,* 1.5 yet he shall have it, 6 Edw. 3.188. pl. 17. Nat. br. 22. C. For that is but a plea to the Action.
A brought a Praecipe against B, who infeoffs C, judgment is given for A, yet B shall have error, 21 Edw. 3.53. 12 Assize 41.20. of As∣size, 2. 50 Assize 3. Coke 1. part. 111. Alba∣nies case; because the judgment is against him, and not the Feoffee.
Judgment was given against the Defendant in debt, and after, because he paid it not, nor rendred his Body, &c. judgment was given upon a Scire facias against the Bail, and they all join in a Writ of error, and therefore held not good, because one of them is not party to the judgment given against the other, Mich. 9. Jac. Regis, Wildgoose against Duport; but they are distinct and several judgments, given against them severally, and ought to have several Writs of error.
Trespass against two, where one was within age, and appears by Attorney, and judgment Quod capiantur, they join in a Writ of error, be∣cause
the judgment is entire, Hil. 9. Jac. Ban. Regis, Orme & Bird; and good, though the judgment was well given against one of them.
Surviving joint-tenant shall have error of all the judgment given against both;* 1.6 for he is only now concerned, 19 Edw. 3. Error 1.19. Assize pl. 8.
Two outlawed upon a Capias in Redisseisin with force, one shall have error sole,* 1.7 8 Hen. 4.3. For the Outlawry is as two Outlawries, viz. against each one of them particularly.
Judgment against two in conspiracy,* 1.8 one dies, the other shall have a Writ of error, 24 Edw. 3.76. pl. 99. else it would be mischievous to him, if the judgment be erroneous, if he may not re∣verse it.
Mich. 30, & 31 Eliz. ban. regis, Pigot being an Infant, and another levies a fine,* 1.9 Pigot sole brought error, and good; for this is error in fact, there∣fore it shall be brought by him it most concerns, which here is the Infant.
If one makes a Retraxit, viz. upon the Roll,* 1.10 that he will not proceed, yet he shall have error, Coke. 8. part 62. A. Beechers case. For the Re∣traxit was but till the judgment.
The King shall have error,* 1.11 15 Edw. 3. Er∣ror 72. and that is but reasonable.
He in reversion disseises two joint-Tenants for Life, and suffers an erroneous recovery, the wife releases with warranty, and dies; this warranty is a bar to the Writ of error, because by his own Act he had disabled himself to take benefit of the forfeiture, Coke 3. part. 61. A. Lincoln-Colledg case. Q. De cest case.
A recovers a Moyety of a Mannor against B, which infeoffs C, B,* 1.12 and C makes partition; B dies, his Heir shall have a Writ of error, and by Newton if A had issue a Son and a Daughter by one Venter, and another Daughter by another Venter, and dies, the Son enters, and dies, the youngest Daughter is found Heir in a Nuper obiit, they make partition, the eldest Daughter shall have a Writ of Error, 19 Hen. 6.25. A. For the judgment binds her interest till it be reversed.
Prayer in Aid shall have a Writ of error, Nat. br. 21. C. Coke 3. part 3. B. 4 Assize,* 1.13 pl. 7. For the praying in Aid is but to satisfie his Title which he had before.
Patron after Aid,* 1.14 Prayer shall have error, 12 Hen 8.8. Pollard. For the Judgment concerns his Title, notwithstanding the Aid-Prayer.
Garnishee shall have a Writ of error, 21 Hen. 6.35. B. Paston. 7 Hen. 6.41. Coke 5. part. 99. B. Hoes case.* 1.15 For he is bound by the judg∣ment.
Garnishee in London upon an Attachment ac∣cording to the Custom, shall have error, 22 Edw. 4.30, & 31. For the judgment is in part against him.
Tenant per Receipt shall have error, Coke 3. part. 3.4 Assize 7. 20 Edw. 3. Error 2.* 1.16 For by the Receipt he is made party to the Suit, and concerned in the judgment.
Vouchee shall have a Writ of error, 8 Hen. 4. 3. Nat. br. 21. C. 4. Assize 7. 17 Edw. 3. Er∣ror* 1.17 90. Nat. br. 21. M. & 108. A. For by the Voucher he is called in, and made a party.
And the Tenant shall have another Writ of Er∣ror, 8 Hen. 4.3, 21 & Nat. br. 21. C. for they are se∣verally concerned.
But if the Vouchee release before Error brought, the Tenant shall not have it, 17 Edw. 2. Recovery in value 32. for by the release he is barred, viz. a release of Errors, or of his right.
Heir general shall have a Writ of Error, 20 Edw. 4.13. Lib. Intra. 269. A. Sect. 1. for he is prejudiced by the Judgment.
And if the Ancestor be outlawed of Felony,* 1.18 he, viz. the Heir shall have it, Nat. br. 21. N. viz. to reverse the Outlawry, and to gain his own in∣terest.
But not for High Treason, per 28 Eliz. cap. 2. because thereby the blood is corrupt and disabled.
The Heir special shall have it for the Lands to which he is heir,* 1.19 3 Hen. 4.19. Nat. br. 21. K. 9 Hen. 6.47. 1 Mariae Dyer 90. pl. 5. but he must have a special Writ, as it seems.
Executor shall have Error upon judgment for debt or dammages,* 1.20 Nat. br. 21. M. given against the Testator, for the regaining of the Testators estate.
Although that he be Executor to the Bishop, Parson, or other sole Corporation, Nat. br. 22. A. Coke 4. part. 65. A. Fulwoods case, 8 Hen. 6.25. A. Martin. for that makes no difference in the case.
And this upon the Statute of 29 Eliz. cap. 8. Coke 6. part. fol. ult. Executor shall have error upon an Outlawry of the Testator, and restitu∣tion of the goods lost by the Outlawry, 11 Hen. 465. pl. 22. 5 Edw. 4.7.
Although that the Outlawry be for Felony, Coke 5. part. 111. A. vid. antea.
Administrator shall have error in the same manner as Executor shall have,* 1.21 Nat. br. 21. M. 6 Edw. 6. Dyer 76. pl. 31. for he hath the same in∣terest in the Intestates personal estate.
A Successor shall have error for a thing which toucheth the Succession,* 1.22 to a thing whereof he is so, Nat. br. 22. A. 16 Edw. 3. Error 69. 8 Hen. 6.25. A. Martin.
The King collates A to a Chappel,* 1.23 against whom an Action is brought, A resigns to the King, the King collates B, Judgment is given pro querente, B shall have Error, 15 Edw. 3. Error 7. 15 Assize 8. for now the interest concerns him.
But for Debt or Dammages recovered against a Bishop,* 1.24 &c. or against any Secular sole Corpo∣ration, the Successor shall not have Error, Nat. br. 22. A. for the dammages concern the Executor and not the Successor, and so he hath no right to sue.
He in Reversion after the particular estate end∣ed shall have Error at Common Law,* 1.25 and not before, Coke 3 part. 4. A. 21 Hen. 6.29. Newton, 3 Hen. 4.6. 32 Edw. 3. Error 73. 4 Hen. 8. Dyer 6. pl. 5. com. 24. B. Weston, for before he is not con∣cerned in the Judgment. Q.
And per 9 Rich 2. cap. 3. he shall have it du∣ring the Estate for life, Coke 3. part. 4. 22 Edw. 4.31. A. Vavisor, 3 Hen. 4 6. 12 Hen. 8.9. A. Brud∣nell. And this seems reasonable, for he may be prejudiced by the delay. Q.
And by equity he in the remainder shall have it, Nat. br. 108. A. 1 Mariae, Dyer 90. pl. 5.
But at Common Law the Donor in tall shall not have it altogether, com. 241. B. Q.
And yet he shall not have Error during the estate Tail, because he is not within the Statute of 9 Rich. 2. cap. 3. Coke 3. part. 61. A. Lincoln Colledge case, & 10. part. 44. B. Portingtons case.
But after the Estate tail ended he shall have it, because the Law reserves the reversion in the Donor, Coke 3. part. 3. B.
And although Tenant in tail suffered a Com∣mon Recovery, and released Errors, and yet ••••ings error and is barred, and dies without issue; ••et the Donor or he in Remainder shall have Er∣••or, 3 Eliz. Dyer 188. pl. 9. to reverse the Re∣covery; ••or if that be erroneous, then the Estate ••ail is not barred by it.
Note, regularly no Stranger shall have Error,* 1.26 ••2 Edw. 4.31. per Brian, viz. a Stranger to the Judgment; but this holds not always.
Conusor aliens, Execution is sued erroneously,* 1.27 the Alience shall have error, Nat. br. 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize, 24. 18 Edw. 3.25. pl. 17. Crooke, 6 Hen. 8.169. A. Pollard; for his title is concerned.
A claims wood in a Forest,* 1.28 and this allowed before two Justices of the Forest, B, & C, which claim Estovers, brought a writ of Error in Ban. Regis, 21 Edw. 3.48. pl. 70. and good to reverse this allowance, which is in nature of a Judgment, and binds their right to the Estovers.
The Tenant in a Praecipe enfeoffs B, Judgment given pro quer. B shall have Error for the mischief, that may fall to him by the Judgment, 21 Edw. 3.53. 21 Assize 41. 20 Assize 2. 50 Assize 3.
But quaere 50 Assize 3. if the Tenant in the Praecipe aliens to B, which releases to the Feoffor for life, and judgment pro querente, if B shall have Error, per 9 Rich. 2. cap. 3. It seems he shall, for all his interest is not gone by the release.
Where the King is party to the judgment,* 1.29 there shall be Error against him; but not before Peti∣tion made to the King, Pasch. 12 Jac. Ban. Regis, Davies case, 23 Edw. 3.12. pl. 14. 18 Hen. 6.17. 22 Edw. 3.3. pl. 25. 24 Edw. 35. pl. 43. for it may be, that upon the Petition the King will let the judgment be reversed without Suit; and it is not fit to sue the King, where one may have right of him for asking it without suit.
Parties.
Conusor.
Corpora∣tion.
Disclaim.
Non-Te∣nure.
Survivor.
Outlawed.
Conspira∣cy.
Infant.
Retraxit.
Reversion.
Heir.
Pray in Ayd.
Patron.
Garnishee
Tenant.
Vouchee.
Heir gene∣ral.
Heir spe∣cial.
Executor:
Admini∣strator.
Successor.
King.
Bishop.
Revers••on.
Estranger.
Conusor.
Tenant.
King.